High Court dismisses Revenue's request for reference on Income-tax Tribunal order, citing lack of jurisdiction. The High Court of Kerala dismissed the Revenue's request for reference of questions of law arising from an Income-tax Appellate Tribunal order. The ...
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High Court dismisses Revenue's request for reference on Income-tax Tribunal order, citing lack of jurisdiction.
The High Court of Kerala dismissed the Revenue's request for reference of questions of law arising from an Income-tax Appellate Tribunal order. The Commissioner of Income-tax's order was set aside as the Tribunal found the Commissioner had no jurisdiction under section 263. The Income-tax Officer's compliance with the order granting exemption to the assessee prevented the Commissioner from invoking revisional jurisdiction. The petition was ultimately dismissed.
The High Court of Kerala dismissed the Revenue's request for reference of questions of law arising from an Income-tax Appellate Tribunal order. The Commissioner of Income-tax set aside a revised order of assessment, but the Tribunal found the Commissioner had no jurisdiction under section 263 as the Income-tax Officer had only followed the directions of the Appellate Assistant Commissioner. The Commissioner's order was held unsustainable and set aside. The Income-tax Officer's compliance with the order granting exemption to the assessee prevented the Commissioner from invoking revisional jurisdiction under section 263. The petition was dismissed.
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